Plant Pest and Disease (Eradication) Act, 1983

1 L.R.O. 1985 Plant Pest and Disease (Eradication) CAP. 266A CHAPTER266A PLANT PEST AND DISEASE (ERADICATION) ARRANGEMENT OF SECTIONS SECTION 1. 7 L. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Short title. Interpretation. Power of Minister. Control measures. Inspection and eradication. Powers of entry. Eradication directions. Execution of eradication directions. Infected areas. Susceptible areas. Regulations. Offences. Exemption from liability. Limitation. Expenses. Crown. Exemption. THE LAWS OF BARBADOS Printed by the Government Printing Department, Bay Sweet, St. Michrtl. by the authority of the Government of Barbados I” * 3 L.R.O. 1985 Plant Pest and Disease (Eradication) CAp. 2&A ss. 1-2 CHAPTER 266A PLANT PEST AND DISEASE (ERADICATION) An Act to provide fir the eradication of plant pests and 1983-h. diseases and related matters. 198341. y.. $5. 125th November, 19851 wok& ment. 1. This Act may be cited as the Plant Pest and Disease sttort title. (Eradication) Act. 2. In this Act, Intcrpreta tion. “alternate host plant” means a plant, whether or not an economic crop plant, on which a plant pest can feed and carry out all or part of its life cycle; “disease” is a disorder of an economic crop plant caused by a plant pest; “host plant” means an economic crop plant that is subject to attack by a plant pest; “parasitic organism” means an organism that lives all or part of its life on or in another living organism of a different kind taxonomically and obtains all or part of its food from the living organism; “planting material” includes trees, shrubs, vines, cuttings, grafts, scions, buds, bulbs, roots, seeds, and any other part of a plant that is capable of propagation; “plant pest” means any living stage of.any insect, mite, nematode, slug, snail, protozoa, virus, bacterium, fungus, mycoplasma, parasitic plant or reproductive part thereof, and any other parasitic organism that is capable of producing significant losses in production of a host plant, and has been declared a plant pest by the Minister under section 4; “premises” includes any land, whether or not covered by buildings; 1983-41. THE LAWS OF BARBADOS Rlnted by the Government Printlnp Department, Bay Street, St. Michrcl. by the nuthorlty of the Government of Barbados ss.3-5 CAP. 266A Plant Pest and Disease (Eradication) L.R.O. 1985 4 “resistant variety” means a host plant variety that is resistant or potentially resistant to attack by a plant pest or disease; “susceptible variety” means a host plant variety that is susceptible to or potentially susceptible to attack by a plant pest or disease. Power of Minister. 3. (1) For the purposes of this Act, the Minister may, on the advice ofthe Chief Agricultural Officer, by order, declare (a) the plant pest and diseases that are to be eradicated, and their host plants and where applicable (i) alternate host plants, and (ii) the official inspection periods for the plant pests and diseases; and (b) subject to subsection (3), the areas infected with a specified plant pest or disease; and (c) the areas in which any economic crop plant that is susceptible to a specified plant pest or disease are not to be planted or grown during the periods of the year specified in the order. (2) The Minister may, on the advice of the Chief Agricultural Officer designate, in writing certain public officers to be inspectors of plant pests and diseases. (3) An order made under subsection (l)(b) expires 1 year from the commencement of the order. Control 4. The Chief Agricultural Officer must issue to owners or measures. occupiers of any farm, plantation or other premises on which any host plant is susceptible to attack by a plant pest or disease, the following: (a) outlines of recommended measures for the control or eradication of each plant pest or disease; and (b) whenever necessary, lists of recommended resistant and susceptible alternate host plants for a plant pest or disease. Inspection and eradi 5. When an inspection period is prescribed by the Minister for cation. any plant pest or disease, the owner or occupier of every farm, 1983-41. plantation or other premises on which the host plant or alternate host plant of the plant pest or disease is growing shall 5 L.R.O. 1985 Plant Pest and Disease (Eradication) CAP. %A ss.6-8 (a) during the inspection period, inspect all susceptible varieties of host plants or alternate host plants; (b) treat the host plants and alternate host plants that show any sign; symptoms or trace of the plant pest or disease in the manner specified by the Chief Agricultural Offtcer; and (c) if a plant pest or disease is found, forward a statement in the prescribed form giving full particulars as to the results of the inspection to the Chief Agricultural Offtcer, within 2 weeks of the inspection. 6. The Chief Agricultural Officer or an inspector may for the POWWS purpose of preventing or detecting the commission of an offence under section 12 ;fgi;fr4; . (a) enter at any time any farm, plantation or other premises, or any building other than a dwelling house; and (b) remain there for as long as is necessary. 7. (1) For the purposes of controlling or eradicating a plant pest ?a&? or disease, the Chief Agricultural Officer may give directions in $‘Stie* writing to the owner or occupier of any farm, plantation or other 19s3-41 premises on which the plant pest or disease occurs, directing him to ’ take all such measures as are necessary for the control or eradication of the plant pest or disease within 10 days of the service upon the owner or the occupier of the directions. (2) Where in the opinion of the Chief Agricultural Officer any 1983-41. plant pest or disease requires urgent attention, he may give directions in writing to the owner or occupier of any farm, planta- 1983-41. tion, or other premises on which the plant pest or disease occurs, requiring the owner or occupier to take immediately all such measures as are necessary for the eradication or control of the plant pest or disease and the owner or occupier of a farm, plantation or other premises who receives directions from the Chief Agricultural Officer under this section shall comply with the directions. 8. (1) Where the owner or occupier of a farm, plantation, or f=c;g other premises fails to comply with the directions of the Chief cation Agricultural Officer, an inspector may directions. (a) enter upon the farm, plantation or other premises; and (6) take such measures as are necessary for properly and 1983-41. effectively carrying out the requirements of the directions. THE LAWS OF BARBADOS Printed by the Government Printing Department. Bay Street, St. Mlchrel, by the authority of the Government of Barbados SS.~-12 CAP. 266A Plant Pest and Disease (Eradication) L.R.O. 1985 6 (2) The expenses incurred by an inspector in giving effect to any directions of the Chief Agricultural Offtcer may be recovered by the inspector from the owner or occupier, as a debt due to the Crown in civil proceedings before a magistrate for District “A”, not withstanding that the amount may exceed the normal monetary limit of the jurisdiction of the magistrate. (3) The Minister may waive the payment of any expenses incurred under subsection (2). Infected areas. 9. (1) Where the Minister declares an area to be infected with a specified plant pest or disease no person shall plant, sell, remove or distribute planting material taken from the area unless (a) the economic crop plant in the area (i) is of a variety approved by the Chief Agricultural Offtcer, and (ii) is inspected by an inspector, and is stated to be free from the plant pest or disease, and (b) the person obtains the written permission of the Chief Agricultural Offrcer to plant, sell, remove or distribute the planting material. (2) No person shall cultivate host plants or alternate host plants of a declared plant pest or disease in an infected area unless he applies to the Chief Agricultural Officer in the prescribed form and is issued with a certificate by the Chief Agricultural Officer, in the prescribed form. Susceptible 10. Where the Minister declares an area to be one in which an areas. economic crop plant is susceptible to a specified plant pest or disease, no person shall, during the period specified in the order under section 3(l) (c), plant or grow in any area specified in the order, any host plant or alternate host plant that is prohibited by the order to be planted or grown in the area. Regulations. 11. The Minister may make regulations giving effect to the provisions of this Act. 7 L.R.O. 1985 Plant Pest and Disease (Eradication) CAP. 266A ss.13-18 12. Any person who Offences. (a) makes or furnishes any statement required to be made or furnished by this Act, that he knows or has reasonable cause to believe to be false in any material particular; (6) wilfully obstructs or impedes any person in the exercise of any of the powers, or in the performance of any of the duties conferred or imposed upon him by this Act; (c) knowingly introduces any plant pest or disease or any substance infected with a plant pest or disease onto any farm, 1983-41. plantation, or other premises or into any building; or (d) fails to comply with directions given by the Chief Agricultural Offtcer under section 7 or any of the requirements of this Act, is guilty of an offence and is liable on summary conviction to a fine of $1 000 or to imprisonment for 6 months. 13. Nothing done by any person authorised under this Act EoFption subjects that person to any action, liability, claim or demand, if the thing was done bona$de for carrying out any of the provisions of thbtity * this Act. 14. No proceedings may be brought against any person Limitation. performing any of the functions conferred upon him by this Act * unless the proceedings are commenced within 6 months of the date when the act complained of was committed. 15. Subject to section 8(2) all expenses incurred in the Expenses. administration of this Act are to be defrayed out of monies voted by Parliament for the purpose. 16. This Act binds the Crown. Ckown. 17. This Act does not apply to any plant attacked by a plant pest Exemption. or disease and grown for scientific purposes by the Chief Agricultural Officer or by any Scientific Research Institution approved by the Chief Agricultural Officer. THE LAWS OF BARBADOS PrInted by Uw Govrmtttent hbttltq Deplrtment, Bay Street, St. Mlchrel. by th suthwlty of the Covanment of Barbados bh. CAP. 266A Hant Pest and Disease (Eradication) L.R.O. 1985 8 SCHEDULE s.18. Enactments Cotton Diseases Act, Cap. 257 Love Vine and Wild Native Cotton (Eradication) Act, Cap. 264 Plant Pest and Disease (Importation) Act, Cap. 266 Sugar Cane Mosaic Disease (Eradication) Act, Cap. 269 Extent 0f’Repml Whole Act Whole Act Whole Act Whole Act